CASE SUMMARY:
The plaintiff was injured while he was at his brother’s home helping him cut pieces of wood with a saw.
The plaintiff was at his brother’s home to help him replace the treads on the interior stairway. The plaintiff was cutting the wooden boards using a circular table saw that was owned by his brother. The plaintiff’s brother was handing him the wood to be cut. As the plaintiff’s brother grabbed another piece of wood and turned with the wood, he bumped into the plaintiff while he was in the process of cutting one of the boards. By bumping into the plaintiff, he unintentionally caused the safety guard on the saw to flip up. As a result, the plaintiff’s right index finger was cut by the saw. Although the plaintiff’s right index finger was lacerated, fortunately, it was not completely severed.
The plaintiff immediately sought medical attention for his injuries. The plaintiff required four surgical procedures to repair his finger including open reduction internal screw fixation, extensor tendon reattachment, nail bed repair, and digital nerve repair. Once the bones healed completely, the screw was removed from his finger. The plaintiff incurred medical expenses totaling $38,275.48.
At the time of the accident, the plaintiff was a certified auto mechanic who was unemployed. The plaintiff was unable to actively seek work for 9 months after the accident. The plaintiff further alleged that his injury made him unable to return to work as a mechanic. However, this fact was disputed by the defendant’s insurer.
The plaintiff alleged he was injured because of the negligence of his brother. He argued that his brother should have been more cautious when working around dangerous power tools. The defense of the case focused on the fact that there were no independent witnesses to the events that occurred at the brother’s home. The defense also asserted that the plaintiff was partially responsible for his own injuries. Finally, the defense disputed the extent of the plaintiff’s lost earnings, arguing that his injuries did not affect his ability to find work as a mechanic.
The case was resolved against the defendant’s homeowner’s insurance company without having to be placed into litigation. The plaintiff was awarded a total of $132,000.
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